Is a temporary order effectively final by preventing a trial from ever reaching trial?
Ontario, Canada
The following excerpt is from Milne v. Milne, 2019 ONSC 6601 (CanLII):
Courts serve the public by assisting litigants in the resolution or the adjudication of their legal disputes. They cannot and must not be used to unnecessarily further those disputes or for an improper purpose: such as making a temporary order effectively final by preventing the matter from ever reaching trial. As stated by Justice Diamond in Granofsky v. Lambersky, 2019 ONSC 3251, a just determination of any family proceeding is rooted in the protection of the administration of justice as a whole, and when a party chooses to consistently disobey a court order, the administration of justice itself is called into question. Application of Rule 1(8) to this Matter
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